Claimant declared a party under disability due to mental incapacity to proceed with arbitration.
The claimant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer raised the preliminary issue of the claimant's mental capacity to proceed with the arbitration.
The arbitrator found that the claimant lacked the mental capacity to proceed in the dispute resolution process, relying on psychiatric evidence of severe attention deficit disorder and the claimant's demonstrated inability to understand the proceedings.
The arbitrator declared the claimant a party under disability and directed the matter to the Public Guardian and Trustee.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 21, 2010
